Favi

MEMORANDUM **

Patrick Ervard Favi, a native and citizen of Benin, petitions the court for review of the BIA’s affirmance of the IJ’s denial of his claims for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We find that we have jurisdiction under 8 U.S.C. § 1252 (a), and we grant the petition for review in part and remand in order that the BIA may clarify its intent in adopting certain portions of the IJ’s decision. As the parties are familiar with the facts of the case, we do not recite them in detail here.

I.

The government contends that this court is without jurisdiction pursuant to the jurisdiction-stripping provision at 8 U.S.C. § 1252 (a)(2)(C) because petitioner was previously convicted of two offenses involving possession of marijuana paraphernalia in violation of Montana law on January 11 and'July 12, 1999. We hold that the present case is governed by our recent decision in Unuakhaulu v. Ashcroft, 398 F.3d 1085 (9th Cir.2005).

At his hearing, petitioner conceded deportability, but applied for asylum, withholding of removal, and CAT relief. The IJ considered these claims on the merits, determining that petitioner had not met his…